Hanna City City Zoning Code
NON-CONFORMING USES
§ 154.265 NON-CONFORMING SIGNS AND BILLBOARDS.
The lawful use of signs and billboards, which does not conform to the provisions of this chapter, shall be discontinued within two years from the date of the approval of this chapter, and the use of signs and billboards, which become non-conforming by reason of a subsequent change in this chapter, shall also be discontinued within two years from the date of the change.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.266 NON-CONFORMING USES OF LAND.
Where, at the effective date of adoption of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter, such use may be continued, so long as, it remains otherwise lawful subject to the following provisions.
(A) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied by such use at the effective date of adoption of this chapter.
(B) No such non-conforming uses shall be moved in whole or in part to any other portions of the lot or parcel occupied by such use at the effective date of adoption of this chapter.
(C) If any such non-conforming use of land ceases for any reason for a period of one year or more, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999
§ 154.267 NON-CONFORMING STRUCTURES.
Where a lawful structure, other than a sign or billboard, exists at the effective date of the adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or it location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such structure may be enlarged or altered in a way, which increases it non-conformity.
(B) Should such a structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter. A building designed for a non-conforming use, however, may be constructed or altered beyond the limitations herein provided by action of the Board of Appeals, after the public hearing, as required by law in case of variances.
(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999
§ 154.268 NON-CONFORMING USES OF STRUCTURES.
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of the adoption of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Any non-conforming use may be extended throughout any part of a building, which were manifestly arranged or designed for such use at the time of the adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(C) If a non-conforming use has been discontinued for a period of one year or more, it shall not be re-established.
(D) Any structure, or structure and land in combination, on which or in a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the non-conforming use may not thereafter be resumed.
(E) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structures and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located.
(F) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non- conforming status of the land.
(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999
§ 154.269 NON-CONFORMING USE CHANGES.
(A) Once changed to a conforming use, no building or land shall be permitted to revert to a non- conforming use. A non-conforming use shall not be substituted or added to another non-conforming use.
(B) Division (A) above shall also apply to buildings structures, land or uses which hereafter become non-conforming due to any reclassification of district under this chapter or any subsequent changes in the regulations of this chapter.
(Ord. 13-05-02, passed 5-21-2013) Penalty, see § 154.999
§ 154.270 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12 consecutive months, on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building; provided that, the cubical content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any village official charged with protecting the public safety, upon the order of such official.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.271 USES UNDER EXCEPTION NOT NON-CONFORMING USES.
Any use for which a special exception is specifically and expressly permitted as provided in this chapter shall not be deemed a non-conforming use, but shall without further action be deemed a conforming use in such district.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.999 PENALTY.
(A) Any person, firm or corporation who violates any provision of this chapter for which another penalty is not already otherwise provided by ordinance or by appropriate statutory penalty shall, upon conviction, be subject to a fine as set forth in § 10.99. Each day that a violation is permitted to exist shall constitute a separate offense.
(B) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the proper authorities of the village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(C) Within the districts established by this chapter, there exist lots, structures and uses of land and structures, which were lawful before this chapter was passed, but which would be prohibited under the terms of this chapter.
(D) (1) Unless expressly provided elsewhere in this chapter, front yard setbacks shall be measured from the curb closest to the structure to the front of the structure facing the curb, or where no curb exists, from the pavement line closest to the structure.
(2) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this chapter and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, demolition, elimination, removal of an existing structure in connection with such construction; provided that, actual construction work shall be diligently carried on until completion of the building involved.
(3) The attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, if such additions are of a nature that would be prohibited generally in the district involved, shall not be considered as valid non-conforming uses if attached or placed within a period of 90 days prior to the date of the passage of this chapter.
(Ord. 13-05-02, passed 5-21-2013)